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Home My WebLink AboutRES 21-04 RESOLUTION NO. 21-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH FINAL COUNTY FOR THE DESIGN, CONSTRUCTION AND OPERATION OF AN OFF-LEASH DOG PART{ AT THE COUNTY COMPLEX LOCATED AT 575 NORTH IDAHO ROAD, APACHE JUNCTION, ARIZONA. WHEREAS, Pinal County (`County` ) owns property at 575 North Idaho Road which is currently subject to a 1994 .intergovernmental agreement ("IGA") with the City of Apache Junction (`City` ) that relates to the construction and maintenance of roadway improvements and a storm water detention basin and associated landscaping; and WHEREAS, in Tune of 2019, the city council gave direction to parks and recreation staff to proceed on the design phase of a future dog park and work with Pinal County staff to develop an IGA to construct and operate a dog park at the above-noted location; and WHEREAS, the parks and recreation commission .has been involved in reviewing the dog park design over the last year and the public art commission is considering placement of art at this new parks and WHEREAS, the Park will be available to both City and County residents for dog-related activities at no cost to the residents within specified hours; and WHEREAS, City will provide funding for the design, construction, utilities, operation, management, routine security and installation of fencing around the perimeter of the Park; and WHEREAS, pursuant to A. R. S . §§ 11-952 (A) public agencies may enter .into IGAs with each other for joint or cooperative activities; and WHEREAS, the parties have crafted the attached IGA which formalizes the arrangement . RESOLUTION NO. 21-04 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS 1) The mayor and city council hereby approve the attached farm of the IGA between City and County and the mayor is hereby authorized to sign the agreement . 2) The city manager may delegate staff to take any and all actions necessary to effectuate the purpose of this resolution® PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 1 SIGNED AND ATTESTED TO THIS �o- DAY OF 204 r WALTER "CHIP`® WILSON Mayor ATTEST. r, U + ':NI4:EF:'E1V A. ity Clerk APPROVED AS TO FORM <�XR-1&21 RICHARD J. STERN City Attorney RESOLUTION NO. 1-04 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND PINAL COUNTY FOR CONSTRUCTION AND MAINTENANCE OF AN OFF-LEASH DOG PARK THIS AGREEMENT is made and enteredinto this , between2021, by and i municipal corporation (hereinafter referred to as "Apache Junction") and PINAL ARIZONA, a politicalsubdivision f the State of Arizona, "), whichboth of ll i I s i " or individually CCParty f7 RECITALS A. City desiresoff-leash ( "Park") within its downtownidentified I t the southeast corner of SuperstitionI i Idaho appropriate,Road) as the most s - ci , central location (alsoreferred I s i " as depictedin Exhibit ). B. County also desiresit i t Park for use by both City and County residents. C. This Intergovernmental Agreement (" ") will promote efficiencyin the use publicof ilii s and funds. D. Pursuant to Arizona i n (" .") §§ 11-2511- s the authorityto manage and control I property, transfer interests in real property, and enter into cooperatives for the maintenancedevelopment and i s. -240 and 9-276, Citys the authorityerect buildings improve parks, public grounds and off-streetparking its. PursuantF. - ., the Partiesr i enter into IGAs for the purposesi i t or cooperative action. AGREEMENT THEREFORE, in i ri promises contained herein i i , the receipt which is hereby acknowledged, the Parties to thiss follows: City'City's Obliaations A. Design s i . B. Reconstruct i ibasin to provider more efficient i stormwater drainage. ProvideC. i r design, construction, utilities, operation managementand of Park, excludingl lcri { cost r irrigation system drinking nt in operation. D. Install ing around the perimeter of Parkprovide routine ri monitoring. E. Work with County to developschedule signage for Park hoursis ill accommodate regularmaintenance r as well as accessible parkingr Park patrons and customers who are conductingbusiness the Site. EnableF. ilize Park for dog-related ivii servicesicost. 2. County'County's Obligations A. Provide iaccess to make Site and Parkimprovements. monthlyB. Pay I cri I costs for irrigation s drinking fountainri in . AllowC. i unlimited ss to Parksecurity maintenance r i appropriate city staff. obtainis consent for the County'sPark. 3. Indemnification and Insurance. To the extent permitted by law, the Parties covenant and agreeII indemnify, defen I harmless each other, their elected and appointedHers, boards, directors, employees, their special istricts, as wellis from and against any and all suits, actions, legal or administrative proceedings, claims, s or damages of any kindr naturerelating this Agreement, including limited expert witness fees, which, areresult r omission of each Party, their officers, boards, directors, employees, their s ci I districts, agents, and actinganyone r their direction or control, whether reckless, intentional r negligent, in connectioni r incident i Agreement. If any actionr claim shall be brought or assertedagainst the Parties or their elected and appointed officers, boards, directors or employees, it special districts, agents for which indemnity r Parties, the Parties shall promptly notify another in writing. tic shall, within to ( working receiving tice, assume the defense thereof, and the payment of all expenses, including any att n I costs is Il be paids incurred. It is understoodr t the Partiesl to self-insurer obtain insurance i t pooling agreementi r l entities is II of the risks related is Agreement. This section shall surviveexpiration r early terminationiAgreement 4. Duration _ r i nation. This Agreements ll be valid executionupon II continue for a termi ( ) years, but shall automatically r r unless eitheri test is Agreement for any reason upon sixty ( ) calendar written notice other Party by overnightliver service r first class certified il, postage prepaid, addressed r Party as set forth in Sectioni r e . 5. Binding . The obligationsrights created in this Agreement i ishall inure to the benefit of the Partiesit successors, assigns and legal representatives. Neither Party may assigns its rights under this Agreement without the prior written approval of the other . Such successor or assigneeshall assume, in writing, all duties and obligations hereunder of the priorII further agreefully perform rms of this Agreement. 6. Entire r t. This Agreement and any attachments represent the entire t between Cityt II prior negotiations, representations r ts, either express or implied, ri r oral. It is mutuallys reed that no alteration or variation termsnconditions i r t shall be validI in writing signed Parties t rit signed s shall automatically e part of thisr Isupersede inconsistent r visitherein; provided, r inconsistency shall be resolved, if possible, by construing visi s mutuallyI r supplementary. 7. Severa!2jft. Cityt liv that the execution, delivery c this r in compliancei Il applicable laws. However, in the unlikelyprovision this Agreementis declaredi rc I ( r is construed as requiring i to do any act in violationapplicable laws, including any constitutional provision, law, regulation, or city ), such provisionshall be deemed severed from is Agreement and thisAgreement I otherwise remain in full force provided that thisII retroactively ereformed the extent reasonably ssi l in such a manner so that the reformed agreement (and any related is effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Partiessuch severance and reformation were not required. Unless prohibited by applicable laws, the Partiesfurther s ll perform all acts and execute, acknowledgeand/or deliver all amendments, instruments consents necessary to accomplish to give effect to the purposes of thisr s reformed. Governing8. s. The terms conditions i reement shall be governedinterpreted in accordancei laws of the State of Arizona. action law or in equity broughtienforcing i i is provided for in this , shall be triedin a court of competent jurisdictionin the State of Arizona. In the event either Party shall bring suitt is Agreement r to recover any damages for and on account of the breach term r condition in this , it is mutually agreedprevailing party in suchi II recover all costs including: alI litigation I expenses, collection expenses, reasonable r s, necessary witness fees and court costs to be determined in such action 9. Notices. All notices and insurance ii s required r this Agreement s II be sent as follows: If to City: i r 300 E. Superstition Blvd. Apache Junction, -474-5066 With a copy tCity Attorney 300 E. Superstition Blvd. Junction,Apache - - 5105 If to County: o er PO Box 827 Florence, AZ 85232 1 ith a copy to: County Attorney PO Box 887 Florence, AZ 85232 520-866-6271 10. Conflicts Interest is Agreement is subject to, and may be terminated i in accordancewith, the provisions - . IN WITNESSWHEREOF, the ies hereto have caused this Agreement be duly executedthe day and year first above written. PINAL COUNTY, ARIZONA, a political subdivision othe State of Arizona Stephen Q. Miller Chairman i Natasha Kennedy Pinal County Clerk JUNCTION,THE CITY OF APACHE ArizonaARIZONA, an ici I corporation I r " i " Wilson Mayor Jennifer Pena City Clerk COUNSEL APPROVAL AS TO FORM: I have read thist and have determinedc is in form and is entered into withini under the laws of the State of Arizona. Kent Volkmer, Pinal County Attorney Date I have read thisi c Agreement is in proper form and is enteredinto i in the powers of and authorityr the laws of the State of Arizona. Richard J. Stern, Apache Junctioni EXHIBIT A r i z r ► s > 6 .p rn x z � r ► r � a r D z e F ® _wc, l l ' CITY/COUNTY DETENTION BASIN _ SKM TMM PROPOSED IGA BOUNDARY IDAHO RD. do SUPERSTITION BLVD. 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